Institutions and Capacity Building for the Evolution of Intellectual Property Rights Regime in India: V – Analysis of Review of TRIPS Agreement and R&D Prospect in Indian Agriculture under IPR Regime

Abstract

The TRIPS Agreement provides for product patent protection in all fields of technology including food substances pharmaceuticals and agrochemicals. The aim is to provide level playing field for developed and developing economies to promote economic development and alleviation of poverty. Yet the protection of trade-related intellectual property rights through public disclosure and their exclusive use under the control of the innovator may not be a sufficient, stand-alone measure to induce and achieve higher food and agricultural production. There is need to simultaneously recognize other relevant areas and mechanisms of global, regional and local importance and to harmonize world trade system with evolutionary necessities including socio-economics and the environment – sustainable development, environment protection, climate change, conservation of and access to biodiversity, biosafety, food safety, ethical issues related to manipulation of biological materials for improvement and development, issues of equity and commercial benefit sharing as pitted against intellectual property protection and royalties under the TRIPS Agreement, etc. This paper attempts to discuss review of TRIPS Agreement particularly in relation to patentability of bioresources and its harmonization with access and benefit sharing regime. R&D prospect in Indian agriculture under IPR regime is also discussed.